In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
1) QUESTION: If I am a permanent resident of the U.S. can I get a U.S. passport to go home for a visit to Germany for 10 days? I have been here for 20 years and my card expires in 2017 and I plan on getting my citizenship.
ANSWER:US permanent residents do not get US passports. They travel with their green card and the passport of their country of citizenship. You may be eligible for a reentry permit which will provide evidence that the US will re-admit you.
2) QUESTION: My wife filed an I-130 petition. I don’t qualify for adjustment of status inside the U.S., so what are some choices I can make? My uncle petitioned for my father in 2001. Can I apply for deferred action to help me qualify for adjustment of status without leaving?
ANSWER: If you were under 21 years of age and single when your uncle filed a visa petition for your father, you may be eligible to apply for adjustment of status under 245(i). Depending on how you entered the US you may be eligible to apply for adjustment of status as the spouse of a US citizen without needing to be eligible under 245(i), and you may be eligible for DACA which might allow for a travel document which would provide options. If none of these are an option then you might be eligible to apply for the I-601A waiver.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.